Intimidating behaviour meaning

'Order on conviction' or 'section 1C order' refers to the order which may be requested by the prosecutor and/or granted by a court under section 1C of that Act.

The Criminal Behaviour Order (CBO) came in to force on 20 October 2014.

When considering a request for an order on conviction in respect of an offender with mental health issues the order can not be deemed to be necessary if, by reason of mental incapacity, the offender is incapable of complying with the order.

Evidence of such mental incapacity should normally be given by a psychiatrist and not by a psychologist or a psychiatric nurse, ( [2003] EWHC 3139)).

the court is perfectly well placed to make its own assessment.' The appeal against the imposition of an ASBO in this case was accordingly dismissed.

When assessing necessity, the court can take into account acts committed before 1 April 1999, (Stevens [2004] EWHC 1456 (Admin)).

The court may suspend any such requirements of the order as it may specify during any period when the defendant is detained in legal custody until his release, (section 1C(5) CDA).

The order itself, however, commences on the day it is made.

Prosecutors should note that in [2012] EWCA Crim 198, the Court of Appeal stated in relation to the anti-social nature of graffiti:'As it seems to us, if there is a perception in some quarters that unless graffiti is of a kind as to be explicitly obscene or explicitly threatening that an Anti-Social Behaviour Order can never be justified, such perception should be displaced.

In any event, it may well be such as to be likely to cause distress'.


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